The Factories Act, 1948
CHAPTER IVA: PROVISIONS RELATING TO HAZARDOUS PROCESSES
Section 41C: Specific Responsibility Of The Occupier In Relation To Hazardous Processes
Bare Act
Specific responsibility of the occupier in relation to hazardous processes
Every occupier of a factory involving any hazardous process shall -
- maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed;
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appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed:
Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final;
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provide for medical examination of every worker -
- before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and
- while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed.
Simplified Act
Plain English Explanation of the Occupier's Duties Regarding Hazardous Processes
If you run a factory where hazardous processes take place, you must:
- Keep detailed and current health or medical records for workers who come into contact with dangerous chemicals or substances. These records must be stored safely and workers should be able to see their own records under certain rules.
- Hire people who have the right qualifications and experience to manage hazardous substances safely. They must oversee the… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine a factory that manufactures batteries, where workers are regularly exposed to lead, a hazardous substance. In compliance with Section 41C of The Factories Act, 1948, the factory's management takes the following steps:
- They establish a system to keep detailed health records for all workers handling lead, ensuring that these records are updated after each medical examination or incident. Workers are informed that they can access their records upon request.
- The factory hires a safety supervisor with a background in industrial safety and specific training in hazardous materials. This supervisor's qualifications are reviewed by the Chief Inspector to confirm they meet the necessary standards.
- All workers are given a comprehensive medical check-up before starting their job with lead, and these check-ups are repeated every year to monitor any health changes due to exposure. Any worker found with health issues related to lead exposure is provided with appropriate medical care and reassigned to a safer role if necessary.
This factory's adherence to the law ensures the safety and health of its workers while also protecting the management from legal liabilities.
